Section 42-4-404 - Powers and duties of the executive director of the department of public health and environment(1)(a) The executive director of the department of public health and environment, referred to in this section as the "executive director", shall develop a program for the training, testing, and retesting of diesel emissions inspectors, which program may be funded by tuition charged to the participants.(b) Those persons who successfully complete the testing set forth in paragraph (a) of this subsection (1) shall be recommended to the department of revenue for licensure.(2) The executive director shall instruct the department of revenue to issue a license as a diesel inspection station to one or more parties with either new or existing diesel emissions inspection facilities. Such instruction shall be based on, among other factors: (a) Any requirements for licensure set by the commission by rule and regulation pursuant to section 42-4-403;(b) The requirements set forth in section 42-4-407;(c) The geographical coverage which would result for licensing the station.(3)(a) The executive director shall continuously evaluate the diesel emissions inspection program. Such evaluation shall be based on continuing research conducted by the department of public health and environment and other engineering data and shall include assessments of the cost-effectiveness and air pollution control effectiveness of the program.(b) The executive director shall submit such evaluation and any recommendations for program changes to the general assembly by December 1 of each year, in order that the general assembly may annually review the diesel emissions inspection program.(4) The executive director shall implement an ongoing project designed to inform the public concerning the operation of the diesel emissions inspection program and the benefits to be derived from such program. The executive director shall also prepare a handbook which shall explain the diesel emissions inspection program, the owner's or operator's responsibilities under the program, the licensure of stations and inspectors, and any other aspects of the program which the executive director determines would be beneficial to the public. In addition to the distribution of such handbook, the executive director shall actively seek the assistance of the electronic and print media in communicating information to the public on the operation of the inspection program and shall utilize any other means of disseminating such information which may be likely to effectuate the purpose of such program.(5) The executive director may establish and operate technical or administrative centers, if necessary, for the proper administration of the diesel inspection program or may utilize existing centers established for the AIR program pursuant to section 42-4-307.L. 94: Entire title amended with relocations, p. 2317, § 1, effective 1/1/1995. L. 98: (6) added, p. 1015, § 2, effective August 5. L. 2000: (2)(d)(II) added by revision, pp. 1764, 1765, §§ 2, 3. L. 2003: (6) repealed, p. 1026, § 6, effective August 6.(1) This section is similar to former § 25-7-602.5 as it existed prior to 1994, and the former § 42-4-404 was relocated to § 42-4-504 .
(2) Subsection (2)(d)(II) provided for the repeal of subsection (2)(d), effective July 1, 2001. (See L. 2000, pp. 1764, 1765.)